Car Accident Settlement. Wasn't expecting this!

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gramofryder

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In Jan. 2007 my husband was hit from behind while sitting at a red light. The vehicle that hit him was a commercial van. My husbands truck was totaled. We received money for the truck from the companies insurance company and we went and bought a used vehicle.

My husband suffered neck and back pain. He has 2 protruding disc in his neck now. He was in physical therapy, he had a cortizone injection in his neck, many many doctor visits, pain medication, etc. The doctor wrote a letter stating that his neck will never be back to normal and future medical attention may be needed.

My husband has constant aching pain in his neck, it hasn't gone away. It makes his days at work extremely long. From time to time he has VERY sharp pain.

We are in NJ and have PIP here. So our insurance company had to pick up most of the medical costs. We still have some medical bills that we are responsible for. Our attorney sent a demand packet to the guys insurance company. The amount the attorney asked for was $275,000. He said it was high because of unknown future medical issues. Today the attorney received an answer back. The other side offered us $12,500. YES that is a small fraction of what was asked. I don't know how they got this small figure! My husband has had pain everyday for over 1 1/2 years and will probably always have pain. What is a fair amount?? The attorney will take 1/3.
 
That is probably just their first offer, most injury attorney's won't even tell you about a first offer if they don't think it's fair, normally they keep negotiating. Is your husband a candidate for surgery? Have any prior neck injuries at all?

Just FYI, insurance companies almost always start with really insulting offers like that with the hope that people will say "oh forget it, we'll take it"

I would request a meeting with your Attorney, I'm assuming he doesn't think that's a fair offer either. It's really hard to say what a case is worth as an outsider without seeing medical records, bills, treatment patterns, etc. Being that he was hit by a commerical van I'm assuming the van had a commerical policy so I doubt there is a policy limits issue.
 
No, my husband never had any kind of neck problems before this. The attorney told my husband that he would respond to the insurance company telling them this offer was unacceptable. The attorney is sending us a copy of the letter.

I'm not sure if my husband is a candidate for surgery. I really don't remember, I will have to ask him what the doctor said. I am just in shock at the low offer, especially since we don't know what medical problems we are going to have down the road.
 
I can almost guarantee that your case will go into litigation at this point. Just because they gave you a low offer doesn't mean you have to accept it.
 
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